S-4012               _______________________________________________

                                                   SENATE BILL NO. 6564

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Pullen, Madsen and McCaslin

Read first time 1/26/88 and referred to Committee on  Law & Justice.

AN ACT Relating to the recovery of support debt; and amending RCW 74.20A.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 6, chapter 164, Laws of 1971 ex. sess. as last amended by section 5, chapter 171, Laws of 1979 ex. sess. and RCW 74.20A.060 are each amended to read as follows:

          Twenty-one days after receipt or refusal of notice of debt under provisions of RCW 74.20A.040, or twenty-one days after service of notice and finding of financial responsibility, or as otherwise appropriate under RCW 74.20A.055, or as appropriate under RCW 74.20A.270 a lien may be asserted by the secretary upon the real or personal property of the debtor.  The claim of the department for a support debt, not paid when due, shall be a lien against all property of the debtor with priority of a secured creditor.  This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title.  The lien shall attach to all real and personal property of the debtor on the date of ((filing)) recording of such statement with the county auditor of the county in which such property is located.  A lien against earnings shall attach and be effective subject to service requirements of RCW 74.20A.070 upon ((filing)) recording with the county auditor of the county in which the employer does business or maintains an office or agent for the purpose of doing business.

The lien shall be effective for a period of ten years from the date of recording of such statement with the county auditor of the county in which the property is located.  The effectiveness of the lien shall lapse upon expiration of the ten-year period unless a continuation statement is recorded with the county auditor in the county in which the property is located.  A continuation statement may be recorded within six months prior to the expiration of the ten-year period.  Any such continuation statement must identify the original statement by the county auditor's recording number and must state that the lien shall continue in effect.  Upon timely recording of the continuation statement, the effectiveness of the lien shall continue for ten years from the date the lien would have expired if a continuation statement had not been recorded.  Successive continuation statements may be recorded within six months prior to lapse at the end of each ten-year continuation period to continue the effectiveness of the lien.

          Whenever a support lien has been ((filed)) recorded and there is in the possession of any person, firm, corporation, association, political subdivision or department of the state having notice of said lien any property which may be subject to the support lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed, except as provided for by the exemptions contained in RCW 74.20A.090 and 74.20A.130, unless a written release or waiver signed by the secretary has been delivered to said person, firm, corporation, association, political subdivision or department of the state or unless a determination has been made in a fair hearing pursuant to RCW 74.20A.055 or by a superior court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied.